H.B. 402
GENERAL ASSEMBLY OF NORTH CAROLINA
Mar 24, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH30199-ML-58D
Short Title: Begin Modernizing Ignition Interlock Laws. (Public)
Sponsors: Representative Faircloth.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO ELIMINATE THE MANDATORY WAITING PERIODS FOR DRIVERS
3 LICENSE RESTORATION OR LIMITED DRIVING PRIVILEGES IF THE PERSON IS
4 OPERATING A MOTOR VEHICLE THAT HAS A FUNCTIONING IGNITION
5 INTERLOCK SYSTEM INSTALLED ON IT; TO REQUIRE FOR THE RESTORATION
6 OF LICENSES AFTER CERTAIN DRIVING WHILE IMPAIRED CONVICTIONS, OR
7 THE ISSUANCE OF LIMITED DRIVING PRIVILEGES, AN IGNITION INTERLOCK
8 SYSTEM BE INSTALLED ON ONLY THE MOTOR VEHICLES THE PERSON WILL
9 DRIVE; TO ELIMINATE THE RESTRICTIONS ON THE PURPOSES FOR DRIVING
10 AND THE HOURS DURING WHICH A PERSON MAY OPERATE A MOTOR VEHICLE
11 IF THE PERSON IS OPERATING A MOTOR VEHICLE WITH A FUNCTIONING
12 IGNITION INTERLOCK SYSTEM INSTALLED ON IT; TO ALLOW THE WAIVER OR
13 REDUCTION OF COSTS FOR CERTAIN PERSONS REQUIRED TO INSTALL AN
14 IGNITION INTERLOCK SYSTEM; TO REVISE THE MAXIMUM BLOOD ALCOHOL
15 CONCENTRATION LEVEL FOR THE OPERATION OF A MOTOR VEHICLE IN
16 CERTAIN CIRCUMSTANCES TO THE IGNITION INTERLOCK SYSTEM PRE-SET
17 FAIL LEVEL; AND TO REQUIRE THE COURTS COMMISSION TO STUDY
18 WHETHER TO EXPAND THE USE OF IGNITION INTERLOCK SYSTEMS.
19 The General Assembly of North Carolina enacts:
20 SECTION 1. G.S. 20-179.3 reads as rewritten:
21 "§ 20-179.3. Limited driving privilege.
22 …
23 (b) Eligibility. –
24 (1) A person convicted of the offense of impaired driving under G.S. 20-138.1 is
25 eligible for a limited driving privilege if:if all of the following requirements
26 are met:
27 a. At the time of the offense the person held either a valid driver's license
28 or a license that had been expired for less than one year;year.
29 b. At the time of the offense the person had not within the preceding
30 seven years been convicted of an offense involving impaired
31 driving;driving.
32 c. Punishment Level Three, Four, or Five was imposed for the offense of
33 impaired driving;driving.
34 d. Subsequent to the offense the person has not been convicted of, or had
35 an unresolved charge lodged against the person for, an offense
36 involving impaired driving; anddriving.
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1 e. The person has obtained and filed with the court a substance abuse
2 assessment of the type required by G.S. 20-17.6 for the restoration of
3 a drivers license.
4 A person whose North Carolina driver's license is revoked because of a
5 conviction in another jurisdiction substantially similar to impaired driving
6 under G.S. 20-138.1 is eligible for a limited driving privilege if the person
7 would be eligible for it had the conviction occurred in North Carolina.
8 Eligibility for a limited driving privilege following a revocation under
9 G.S. 20-16.2(d) is governed by G.S. 20-16.2(e1).
10 (2) Any person whose licensing privileges are forfeited pursuant to
11 G.S. 15A-1331.1 is eligible for a limited driving privilege if the court finds
12 that at the time of the forfeiture, the person held either a valid drivers license
13 or a drivers license that had been expired for less than one year and either of
14 the following requirements is met:
15 a. The person is supporting existing dependents or must have a drivers
16 license to be gainfully employed; oremployed.
17 b. The person has an existing dependent who requires serious medical
18 treatment and the defendant is the only person able to provide
19 transportation to the dependent to the health care facility where the
20 dependent can receive the needed medical treatment.
21 The limited driving privilege granted under this subdivision must restrict the
22 person to essential driving related to the purposes listed above, and any driving
23 that is not related to those purposes is unlawful even though done at times and
24 upon routes that may be authorized by the privilege.
25 …
26 (c1) Privilege Restrictions for High-Risk Drivers. – Notwithstanding any other provision
27 of this section, any limited driving privilege issued to a person convicted of an impaired driving
28 offense with an alcohol concentration of 0.15 or more at the time of the offense shall:
29 (1) Not become effective until at least 45 days after the final conviction under
30 G.S. 20-138.1;
31 (2) Require the applicant to comply with the ignition interlock requirements of
32 subsection (g5) of this section; and
33 (3) Restrict the applicant to driving only to and from the applicant's place of
34 employment, the place the applicant is enrolled in school, the applicant's place
35 of religious worship, any court ordered treatment or substance abuse
36 education, and any ignition interlock service facility.
37 For purposes of this subsection, the results of a chemical analysis presented at trial or
38 sentencing shall be sufficient to prove a person's alcohol concentration, shall be conclusive, and
39 shall not be subject to modification by any party, with or without approval by the court.
40 …
41 (g3) Ignition Interlock Allowed. – A judge may include all of the following in a limited
42 driving privilege order:
43 (1) A restriction that the applicant may operate only a designated motor vehicle.
44 (2) A requirement that the designated motor vehicle be equipped with a
45 functioning ignition interlock system of a type approved by the
46 Commissioner. The Commissioner shall not unreasonably withhold approval
47 of an ignition interlock system and shall consult with the Division of Purchase
48 and Contract in the Department of Administration to ensure that potential
49 vendors are not discriminated against.
50 (3) A requirement that the applicant personally activate the ignition interlock
51 system before driving the motor vehicle.
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1 If the limited driving privilege order includes the restrictions set forth in this subsection, then
2 the limitations set forth in subsections (a), (f), (g), (g1), and (g2) of this section do not apply
3 when the person is operating the designated motor vehicle with a functioning ignition interlock
4 system.
5 …
6 (g5) Ignition Interlock Required. – If a person's drivers license is revoked for a conviction
7 of G.S. 20-138.1, and the person had an alcohol concentration of 0.15 or more, a judge shall
8 include all of the following in a limited driving privilege order:
9 (1) A restriction that the applicant may operate only a designated motor vehicle.
10 (2) A requirement that the designated motor vehicle be equipped with a
11 functioning ignition interlock system of a type approved by the
12 Commissioner, which is set to prohibit driving with an alcohol concentration
13 of greater than 0.00. The Commissioner shall not unreasonably withhold
14 approval of an ignition interlock system and shall consult with the Division of
15 Purchase and Contract in the Department of Administration to ensure that
16 potential vendors are not discriminated against.
17 (3) A requirement that the applicant personally activate the ignition interlock
18 system before driving the motor vehicle.
19 If the limited driving privilege order includes the restrictions set forth in this subsection, then
20 the limitations set forth in subsections (a), (f), (g), (g1), and (g2) of this section do not apply
21 when the person is operating the designated motor vehicle with a functioning ignition interlock
22 system. For purposes of this subsection, the results of a chemical analysis presented at trial or
23 sentencing shall be sufficient to prove a person's alcohol concentration, shall be conclusive, and
24 shall not be subject to modification by any party, with or without approval by the court.
25 …
26 (l) Any judge granting limited driving privileges under this section shall, prior to
27 granting such privileges, be furnished proof and be satisfied that the person being granted such
28 privileges is financially responsible. Proof of financial responsibility shall be in one of the
29 following forms:
30 (1) A written certificate or electronically-transmitted facsimile thereof from any
31 insurance carrier duly authorized to do business in this State certifying that
32 there is in effect a nonfleet private passenger motor vehicle liability policy for
33 the benefit of the person required to furnish proof of financial responsibility.
34 The certificate or facsimile shall state the effective date and expiration date of
35 the nonfleet private passenger motor vehicle liability policy and shall state the
36 date that the certificate or facsimile is issued. The certificate or facsimile shall
37 remain effective proof of financial responsibility for a period of 30
38 consecutive days following the date the certificate or facsimile is issued but
39 shall not in and of itself constitute a binder or policy of insurance orinsurance.
40 (2) A binder for or policy of nonfleet private passenger motor vehicle liability
41 insurance under which the applicant is insured, provided that the binder or
42 policy states the effective date and expiration date of the nonfleet private
43 passenger motor vehicle liability policy.
44 The preceding provisions of this subsection do not apply to applicants who do not own
45 currently registered motor vehicles and who do not operate nonfleet private passenger motor
46 vehicles that are owned by other persons and that are not insured under commercial motor vehicle
47 liability insurance policies. In such cases, the applicant shall sign a written certificate to that
48 effect. Such certificate shall be furnished by the Division. Any material misrepresentation made
49 by such person on such certificate shall be grounds for suspension of that person's license for a
50 period of 90 days.
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1 For the purpose of this subsection "nonfleet private passenger motor vehicle" has the
2 definition ascribed to it in Article 40 of General Statute Chapter 58.
3 The Commissioner may require that certificates required by this subsection be on a form
4 approved by the Commissioner. Such granting of limited driving privileges shall be conditioned
5 upon the maintenance of such financial responsibility during the period of the limited driving
6 privilege. Nothing in this subsection precludes any person from showing proof of financial
7 responsibility in any other manner authorized by Articles 9A and 13 of this Chapter."
8 SECTION 2. G.S. 20-17.8 reads as rewritten:
9 "§ 20-17.8. Restoration of a license after certain driving while impaired convictions;
10 ignition interlock.
11 (a) Scope. – This section applies to a person whose license was revoked as a result of a
12 conviction of driving while impaired, G.S. 20-138.1, and:and any of the following conditions is
13 met:
14 (1) The person had an alcohol concentration of 0.15 or more;more.
15 (2) The person has been convicted of another offense involving impaired driving,
16 which offense occurred within seven years immediately preceding the date of
17 the offense for which the person's license has been revoked; orrevoked.
18 (3) The person was sentenced pursuant to G.S. 20-179(f3).
19 For purposes of subdivision (1) of this subsection, the results of a chemical analysis, as shown
20 by an affidavit or affidavits executed pursuant to G.S. 20-16.2(c1), shall be used by the Division
21 to determine that person's alcohol concentration.
22 …
23 (b) Ignition Interlock Required. – Except as provided in subsection (l) of this section,
24 when the Division restores the license of a person who is subject to this section, in addition to
25 any other restriction or condition, it shall require the person to agree to and shall indicate on the
26 person's drivers license the following restrictions for the period designated in subsection (c):
27 (1) A restriction that the person may operate only a vehicle that is equipped with
28 a functioning ignition interlock system of a type approved by the
29 Commissioner. The Commissioner shall not unreasonably withhold approval
30 of an ignition interlock system and shall consult with the Division of Purchase
31 and Contract in the Department of Administration to ensure that potential
32 vendors are not discriminated against.
33 (2) A requirement that the person personally activate the ignition interlock system
34 before driving the motor vehicle.
35 (3) An alcohol concentration restriction as follows:A requirement that the person
36 not drive with an alcohol concentration of 0.02 or greater.
37 a. If the ignition interlock system is required pursuant only to subdivision
38 (a)(1) of this section, a requirement that the person not drive with an
39 alcohol concentration of 0.04 or greater;
40 b. If the ignition interlock system is required pursuant to subdivision
41 (a)(2) or (a)(3) of this section, or subsection (a1) of this section, a
42 requirement that the person not drive with an alcohol concentration of
43 greater than 0.00; or
44 c. If the ignition interlock system is required pursuant to subdivision
45 (a)(1) of this section, and the person has also been convicted, based on
46 the same set of circumstances, of: (i) driving while impaired in a
47 commercial vehicle, G.S. 20-138.2, (ii) driving while less than 21
48 years old after consuming alcohol or drugs, G.S. 20-138.3, (iii) a
49 violation of G.S. 20-141.4, or (iv) manslaughter or negligent homicide
50 resulting from the operation of a motor vehicle when the offense
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1 involved impaired driving, a requirement that the person not drive with
2 an alcohol concentration of greater than 0.00.
3 (c) Length of Requirement. – The requirements of subsection (b) shall remain in effect
4 for:for one of the following:
5 (1) One year from the date of restoration if the original revocation period was one
6 year;year.
7 (2) Three years from the date of restoration if the original revocation period was
8 four years; oryears.
9 (3) Seven years from the date of restoration if the original revocation was a
10 permanent revocation.
11 (c1) Vehicles Subject to Requirement. – A person subject to this section shall have all
12 designate in accordance with the policies of the Division any registered vehicles owned by that
13 person that the person operates or intends to operate and have the designated vehicles equi